BILL NUMBER: AB 1234	CHAPTERED  09/15/99

	CHAPTER   393
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   JUNE 24, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999

INTRODUCED BY   Assembly Member Shelley
   (Coauthor:  Assembly Member Alquist)

                        FEBRUARY 26, 1999

   An act to amend Sections 11125, 11125.4, 11125.5, 11130, and
11130.3 of the Government Code, relating to open meetings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1234, Shelley.  State bodies:  open meetings:  notice:
violations.
   (1) The Bagley-Keene Open Meeting Act requires, among other
things, that notice of regular meetings of a state body be given to
any person who requests that notice in writing.
   This bill would require notice of a regular meeting of a state
body also to be made available on the Internet, and would require the
written notice to include the address of the Internet site where
required notices are made available.
   (2) Under the act, notice for special meetings of a state body is
required to be provided to persons requesting that notice, and to be
provided to the general public by placing it on appropriate
electronic bulletin boards or other appropriate mechanisms, whenever
the state body has the electronic capability necessary to do so.  A
state body holding a special meeting is required to make a specified
finding in regard to the need for the special meeting.
   This bill would delete the provisions regarding the placing of
notice of a special meeting on electronic bulletin boards, and
instead would require notice of the special meeting, and the finding
in regard to the need for the special meeting, to be made available
on the Internet.  It would require the written notice to specify the
address of the Internet site where required notices are made
available.
   (3) In the case of an emergency meeting by a state body, the act
requires the presiding officer of the state body, or a designee
thereof, to provide notice of the emergency meeting by telephone, if
telephone services are functioning, to newspapers of general
circulation and radio or television stations that have requested
notice of meetings, one hour prior to the emergency meeting.  The
minutes of an emergency meeting and other specified information are
required to be posted for a minimum of 10 days in a public place as
soon after the meeting as possible.
   This bill would also require notice of the emergency meeting to be
made available on the Internet as soon as is practicable after the
decision to call the emergency meeting has been made, and would
require the minutes of the meeting to be made available on the
Internet for a minimum of 10 days.
   (4) This bill would provide that the provisions described in (1)
to (3), inclusive, shall not be implemented until July 1, 2001,
unless otherwise authorized by the Department of Information
Technology pursuant to a specified executive order.
   (5) The act authorizes the Attorney General, the district
attorney, or any interested party to commence an action by mandamus,
injunction, or declaratory relief for the purpose of stopping or
preventing violations or threatened violations of the act, or to
determine the applicability of the act to actions or threatened
future actions by members of a state body.
   This bill instead would authorize these actions for the purpose of
stopping or preventing violations or threatened violations of the
act, or determining the applicability of the act to past actions or
threatened future actions by members of a state body.
   The act also authorizes any interested person to commence such an
action for the purpose of obtaining a judicial determination that an
action taken by a state body in violation of certain provisions of
the act is null and void.  An action seeking such a judicial
determination is required to be filed within 30 days of the date the
action was taken.
   This bill would change that filing period to 90 days.
   This bill would declare the intent of the Legislature in making
these changes to the act to supersede the decision of the California
Supreme Court in Regents of the University of California v. Superior
Court (Molloy) (1999) 20 Cal.4th 509.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11125 of the Government Code is amended to
read:
   11125.  (a) The state body shall provide notice of its meeting to
any person who requests that notice in writing.  Notice shall be
given and also made available on the Internet at least 10 days in
advance of the meeting, and shall include the name, address, and
telephone number of any person who can provide further information
prior to the meeting, but need not include a list of witnesses
expected to appear at the meeting.  The written notice shall
additionally include the address of the Internet site where notices
required by this article are made available.
   (b) The notice of a meeting of a body that is a state body as
defined in Section 11121, 11121.2, 11121.5, or 11121.7 shall include
a specific agenda for the meeting, which shall include the items of
business to be transacted or discussed in closed session.  A brief
general description of an item generally need not exceed 20 words.  A
description of an item to be transacted or discussed in closed
session shall include a citation of the specific statutory authority
under which a closed session is being held.  No item shall be added
to the agenda subsequent to the provision of this notice.
   (c) The notice of a meeting of an advisory body that is a state
body as defined in Section 11121.8 shall include a brief, general
description of the business to be transacted or discussed, and no
item shall be added subsequent to the provision of the notice.
   (d) Notice of a meeting of a state body that complies with this
section shall also constitute notice of a meeting of an advisory body
of that state body, provided that the business to be discussed by
the advisory body is covered by the notice of the meeting of the
state body, provided that the specific time and place of the advisory
body's meeting is announced during the open and public state body's
meeting, and provided that the advisory body's meeting is conducted
within a reasonable time of, and nearby, the meeting of the state
body.
   (e) A person may request, and shall be provided, notice pursuant
to subdivision (a) for all meetings of a state body or for a specific
meeting or meetings.  In addition, at the state body's discretion, a
person may request, and may be provided, notice of only those
meetings of a state body at which a particular subject or subjects
specified in the request will be discussed.
   (f) A request for notice of more than one meeting of a state body
shall be subject to the provisions of Section 14911.
  SEC. 2.  Section 11125.4 of the Government Code is amended to read:

   11125.4.  (a) A special meeting may be called at any time by the
presiding officer of the state body or by a majority of the members
of the state body.  A special meeting may only be called for one of
the following purposes where compliance with the 10-day notice
provisions of Section 11125 would impose a substantial hardship on
the state body or where immediate action is required to protect the
public interest:
   (1) To consider "pending litigation" as that term is defined in
subdivision (e) of Section 11126.
   (2) To consider proposed legislation.
   (3) To consider issuance of a legal opinion.
   (4) To consider disciplinary action involving a state officer or
employee.
   (5) To consider the purchase, sale, exchange, or lease of real
property.
   (6) To consider license examinations and applications.
   (7) To consider an action on a loan or grant provided pursuant to
Division 31 (commencing with Section 50000) of the Health and Safety
Code.
   (b) When a special meeting is called pursuant to one of the
purposes specified in subdivision (a), the state body shall provide
notice of the special meeting to each member of the state body and to
all parties that have requested notice of its meetings as soon as is
practicable after the decision to call a special meeting has been
made, but shall be delivered in a manner that allows it to be
received by the members and by newspapers of general circulation and
radio or television stations at least 48 hours before the time of the
special meeting specified in the notice.  Notice shall be made
available to newspapers of general circulation and radio or
television stations by providing that notice to all national press
wire services.  Notice shall also be made available on the Internet
within the time periods required by this section.  The notice shall
specify the time and place of the special meeting and the business to
be transacted.  The written notice shall additionally specify the
address of the Internet site where notices required by this article
are made available.  No other business shall be considered at a
special meeting by the state body.  The written notice may be
dispensed with as to any member who at or prior to the time the
meeting convenes files with the clerk or secretary of the state body
a written waiver of notice.  The waiver may be given by telegram,
facsimile transmission, or similar means.  The written notice may
also be dispensed with as to any member who is actually present at
the meeting at the time it convenes.  Notice shall be required
pursuant to this section regardless of whether any action is taken at
the special meeting.
   (c) At the commencement of any special meeting, the state body
must make a finding in open session that the delay necessitated by
providing notice 10 days prior to a meeting as required by Section
11125 would cause a substantial hardship on the body or that
immediate action is required to protect the public interest.  The
finding shall set forth the specific facts that constitute the
hardship to the body or the impending harm to the public interest.
The finding shall be adopted by a two-thirds vote of the body, or, if
less than two-thirds of the members are present, a unanimous vote of
those members present.  The finding shall be made available on the
Internet.  Failure to adopt the finding terminates the meeting.
  SEC. 3.  Section 11125.5 of the Government Code is amended to read:

   11125.5.  (a) In the case of an emergency situation involving
matters upon which prompt action is necessary due to the disruption
or threatened disruption of public facilities, a state body may hold
an emergency meeting without complying with the 10-day notice
requirement of Section 11125 or the 48-hour notice requirement of
Section 11125.4.
   (b) For purposes of this section, "emergency situation" means any
of the following, as determined by a majority of the members of the
state body during a meeting prior to the emergency meeting, or at the
beginning of the emergency meeting:
   (1) Work stoppage or other activity that severely impairs public
health or safety, or both.
   (2) Crippling disaster that severely impairs public health or
safety, or both.
   (c) However, newspapers of general circulation and radio or
television stations that have requested notice of meetings pursuant
to Section 11125 shall be notified by the presiding officer of the
state body, or a designee thereof, one hour prior to the emergency
meeting by telephone.  Notice shall also be made available on the
Internet as soon as is practicable after the decision to call the
emergency meeting has been made.  If telephone services are not
functioning, the notice requirements of this section shall be deemed
waived, and the presiding officer of the state body, or a designee
thereof, shall notify those newspapers, radio stations, or television
stations of the fact of the holding of the emergency meeting, the
purpose of the meeting, and any action taken at the meeting as soon
after the meeting as possible.
   (d) The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the state body, or a
designee thereof, notified or attempted to notify, a copy of the
rollcall vote, and any action taken at the meeting shall be posted
for a minimum of 10 days in a public place, and also made available
on the Internet for a minimum of 10 days, as soon after the meeting
as possible.
  SEC. 4.  Section 11130 of the Government Code is amended to read:
   11130.  (a) The Attorney General, the district attorney, or any
interested person may commence an action by mandamus, injunction, or
declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this article or to determine
the applicability of this article to past actions or threatened
future action by members of the state body or to determine whether
any rule or action by the state body to penalize or otherwise
discourage the expression of one or more of its members is valid or
invalid under the laws of this state or of the United States, or to
compel the state body to tape record its closed sessions as
hereinafter provided.
   (b) The court in its discretion may, upon a judgment of a
violation of Section 11126, order the state body to tape record its
closed sessions and preserve the tape recordings for the period and
under the terms of security and confidentiality the court deems
appropriate.
   (c) (1) Each recording so kept shall be immediately labeled with
the date of the closed session recorded and the title of the clerk or
other officer who shall be custodian of the recording.
   (2) The tapes shall be subject to the following discovery
procedures:
   (A) In any case in which discovery or disclosure of the tape is
sought by the Attorney General, the district attorney, or the
plaintiff in a civil action pursuant to this section or Section
11130.3 alleging that a violation of this article has occurred in a
closed session that has been recorded pursuant to this section, the
party seeking discovery or disclosure shall file a written notice of
motion with the appropriate court with notice to the governmental
agency that has custody and control of the tape recording.  The
notice shall be given pursuant to subdivision (b) of Section 1005 of
the Code of Civil Procedure.
   (B) The notice shall include, in addition to the items required by
Section 1010 of the Code of Civil Procedure, all of the following:
   (i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure, the
date and time of the meeting recorded, and the governmental agency
that has custody and control of the recording.
   (ii) An affidavit that contains specific facts indicating that a
violation of the act occurred in the closed session.
   (3) If the court, following a review of the motion, finds that
there is good cause to believe that a violation has occurred, the
court may review, in camera, the recording of that portion of the
closed session alleged to have violated the act.
   (4) If, following the in-camera review, the court concludes that
disclosure of a portion of the recording would be likely to
materially assist in the resolution of the litigation alleging
violation of this article, the court shall, in its discretion, make a
certified transcript of the portion of the recording a public
exhibit in the proceeding.
   (5) Nothing in this section shall permit discovery of
communications that are protected by the attorney-client privilege.

  SEC. 5.  Section 11130.3 of the Government Code is amended to read:

   11130.3.  (a) Any interested person may commence an action by
mandamus, injunction, or declaratory relief for the purpose of
obtaining a judicial determination that an action taken by a state
body in violation of Section 11123 or 11125 is null and void under
this section.  Any action seeking such a judicial determination shall
be commenced within 90 days from the date the action was taken.
Nothing in this section shall be construed to prevent a state body
from curing or correcting an action challenged pursuant to this
section.
   (b) An action shall not be determined to be null and void if any
of the following conditions exist:
   (1) The action taken was in connection with the sale or issuance
of notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement related thereto.
   (2) The action taken gave rise to a contractual obligation upon
which a party has, in good faith, detrimentally relied.
   (3) The action taken was in substantial compliance with Sections
11123 and 11125.
   (4) The action taken was in connection with the collection of any
tax.
  SEC. 6.  It is the intent of the Legislature, in amending Sections
11130 and 11130.3 of the Government Code, to supersede the decision
of the California Supreme Court in Regents of the University of
California v.  Superior Court (Molloy) (1999) 20 Cal.4th 509, in
which the Court held that the only remedy under the Bagley-Keene Act
for an action taken in violation of that act is to bring a lawsuit to
nullify the action within 30 days.
  SEC. 7.  The amendments to Sections 11125, 11125.4, and 11125.5 of
the Government Code made by this act shall not be implemented until
July 1, 2001, unless otherwise authorized by the Department of
Information Technology pursuant to Executive Order D-3-99.
